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Processing of (personal) data by the entity in charge of the online application process

General information
This data privacy statement, which refers exclusively to data collected as part of the online application process, is to inform you about how your personal data that is collected as part of the online application process is handled at our end.


1. Name and Address of the Controller

The controller, within the meaning of the General Data Protection Regulation (GDPR) and other national data protection laws of the Member States, as well as other statutory data protection regulations, is:

     SpiNNcloud Systems GmbH
     Freiberger Str. 37
     01067 Dresden
     Germany
     +49 351 21 776-006
     Email: info@spinncloud.com



2. Data Protection Officer

You can reach the data protection officer of the data controller as follows:
     SiDIT GmbH
     Fahrentalstraße 55c
     97261 Güntersleben
     Germany
     Email: info@sidit.de

3. Explanation of Terms

We have designed our Privacy Policy in accordance with the principles of clarity and transparency. However, should there be any ambiguity regarding the use of various terms, the corresponding definitions can be found here.

4. Legal Basis for Processing Personal Data

a) Processing of Personal Data According to the GDPR

We process your personal data – such as your first and last names, your e-mail address, IP address, etc. – only if there is a legal basis for doing so. The following rules, in particular, come into consideration here, in accordance with the General Data Protection Regulation (GDPR):
- Art. 6(1)(a) GDPR: The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
- Art. 6(1)(b) GDPR: Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
- Art. 6(1)(c) GDPR: Processing is necessary for compliance with a legal obligation to which the controller is subject.
- Art. 6(1)(d) GDPR: Processing is necessary in order to protect the vital interests of the data subject or of another natural person.
- Art. 6(1)(e) GDPR: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Art. 6(1)(f) GDPR: Processing is necessary for the purpose of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

However, we will always inform you at the appropriate points in this Privacy Policy of the legal basis on which your personal data are being processed.
b) Consent of the Custodian According to Art. 8(1) GDPR

 A custodian must consent to all data processing within the scope of this website for which the consent of a minor who has not yet reached the age of 16 is required.
Information on the individual data processing operations, their purposes and the categories of data concerned, for which the consent of the person concerned is required, can be found in the data protection declaration.

You may withdraw your consent at any time by sending the withdrawal notice in text form to the contact details of the controller. The processing until the revocation remains lawful.
c) Processing of Information According to § 25(1) TTDSG

We also process information pursuant to § 25(1) TTDSG by storing information on your terminal equipment or accessing information that is already stored on your terminal equipment. This can be both personal information and non-personal data, e.g. cookies, browser fingerprints, advertising IDs, MAC addresses and IMEI numbers. Terminal equipment in this context is any device connected directly or indirectly to the interface of a public telecommunications network for the purpose of sending, processing or receiving messages, § 2 para. 2 no. 6 TTDSG.

As a rule, we process this information on the basis of your consent, § 25(1) TTDSG.


As far as an exception according to § 25 para. 2 no. 1 and no. 2 TTDSG is given, we do not need your consent. Such an exception is given if we exclusively access or store the information in order to transmit a message via a public telecommunication network or if this is absolutely necessary so that we can provide a telemedia service expressly requested by you.

You may withdraw your consent at any time. We inform you that the withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent up to the withdrawal.

4. Disclosure of Personal Data

Where personal data are disclosed, processing is also carried out within the meaning of section 3, above. At this point, however, we would like to inform you separately about disclosure of data to third parties. The protection of your personal data is particularly important to us. For this reason, we are especially careful when disclosing your data to third parties.

Data is only disclosed to third parties if there is a legal basis for the processing. For example, we disclose personal data to persons or companies acting as processors on our behalf, pursuant to Art. 28 GDPR. A processor is anyone who processes personal data on our behalf, in particular under our instruction and control.

In accordance with the requirements of the GDPR, we conclude a contract with each of our processors in order to ensure that they comply with data protection regulations, thus providing comprehensive protection for your data.


5. Storage Period and Erasure

We will erase your personal data once those data are no longer necessary for the purposes for which they were collected or otherwise processed, and where the processing is not necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.



6. SSL Encryption


This site uses SSL encryption for security reasons and to safeguard the transfer of confidential content, such as any requests you send to us as the operators of the site. An encrypted connection can be identified by the change in the address from "http://" to "https://" and by the padlock symbol in your browser's address bar.

 
With SSL encryption activated, the data which you transfer to us cannot be read by third parties.


7. Collection and Storage of Personal Data, Their Type and Intended Purpose

a) External Hosting

 
Our website is hosted at IONOS SE, Eigendorfer Str. 57, 56410 Montabaur, Deutschland. For this reason, all personal data collected on our website is stored on the servers of our hoster, unless an external service of a third party is integrated. This may be the IP address, your e-mail address, communication data or the like. You can find out what specific personal data is involved in the individual functions and services explained by us below. If we use an external service of a third party, this will be made clear in the description of the respective service or tool.

The hoster processes your data only on our instructions and to the extent necessary to fulfill the services on the website. The hoster does not process the data for its own purposes. We have concluded a data processing agreement with the hoster.

b) When Visiting the Website
 


When you access our website, information is automatically sent to our web server by the browser being used on your client device. This information is stored temporarily in what is known as a log file. The following information is recorded without any action on your part and stored until it is automatically erased:

- the IP address of the computer making the request,
- the date and time of access,
- the name and URL of the requested file,
- the website from which the site is accessed (referrer URL),
- the browser used, and if applicable, your computer's operating system and the name of your access provider


the website from which the site is accessed (referrer URthe browser used, and if applicable, your computer's operating system and the name of your access provider.
We process the above-mentioned data for the following purposes:
- to ensure the connection to the website is established smoothly,
- to ensure that our website is convenient to use,
- for evaluation of system security and stability, and
- for other administrative purposes.



Data which permit you to be identified as an individual, such as the IP address, will be erased after 7 days at the latest. Any data we store beyond this period will be pseudonymised, so that they can no longer be associated with you.
 
The legal basis for the data processing is Art. 6(1)(f) GDPR. Our legitimate interest derives from the data collection purposes listed above. Under no circumstances do we use the data collected for the purpose of identifying you as an individual.

c) Applications

 
On our website, we provide the possibility to apply for vacancies. Your personal data from the application will be processed in accordance with our data protection information for applicants.
 
The legal basis for the data processing is Art. 6(1)(f) GDPR. Our legitimate interest lies within a simple and secure transfer of your application documents.
 
For this purpose we use the provider softgarden e-recruiting GmbH, Tauentzienstraße 14, 10789 Berlin, Deutschland. We have concluded a data processing agreement with the provider.
 
You can find all relevant information on the processing of your personal data by softgarden here:
https://softgarden.com/en/data-protection-software-as-a-service/
https://spinncloud.softgarden.io/de/data-security?0





8. Social Media
a) LinkedIn
 
On our websites, we use LinkedIn services, which are operated by LinkedIn Ireland Unlimited Company (Wilton Place, Dublin 2, Ireland).

If you click on the LinkedIn button on our website, the content of our website will be linked to your LinkedIn profile. However, this is only possible if you are logged into your LinkedIn account.


We would like to point out that, as the provider of the website, we have no knowledge, what content of the data is transmitted and used by LinkedIn.


Further information on this can be found in LinkedIn's privacy policy: 
https://www.linkedin.com/legal/privacy-policy?_l=de_DE



9. Rights of the Data Subject
You shall have the following rights:

a) Right of Access

 
Pursuant to Art. 15 GDPR, you shall have the right to request information about your personal data being processed by us. This right of access includes the following information:
- the purposes of the processing
- the categories of the personal data
- the recipients or categories of recipient to whom your data have been or will be disclosed
- the envisaged data storage period, or at least the criteria used to determine that period
- the existence of the right to rectification, erasure, restriction of processing or objection
- the existence of the right to lodge a complaint with a supervisory authority
- the source of your personal data, where they were not collected by us
- the existence of automated decision-making, including profiling, and where appropriate, meaningful information about the logic involved.


b) Right to Rectification
 
In accordance with Art. 16 GDPR, you shall have the right to obtain from us without undue delay the rectification of inaccurate or incomplete personal data stored by us.
c) Erasure
 
In accordance with Art. 17 GDPR, you shall have the right to obtain from us without undue delay the erasure of your personal data stored by us, unless further processing is required for one of the following reasons:
- the personal data are still necessary for the purposes for which they were collected or otherwise processed;
- to exercise the right of freedom of expression and information;
- for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the controller;
- for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;
- for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, to the extent that the right referenced in a) is likely to render impossible or seriously impair the achievement of the objectives of that data processing, or
- for the establishment, exercise or defence of legal claims.

the personal data are still necessary for the purposes for which they were collected or otherwise processed;
to exercise the right of freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest, or in the exercise of official authority vested in the controllerfor reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR;for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(1) GDPR, to the extent that the right referenced in a) is likely to render impossible or seriously impair the achievement of the objectives of that data processing, ofor the establishment, exercise or defence of legal cla
d) Right to Restriction of Processing
 
Pursuant to Art. 18 GDPR, you may request the restriction of processing of your personal data, for one of the following reasons:
- You contest the accuracy of your personal data.
- The processing is unlawful, and you oppose the erasure of your personal data.
- We no longer require the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims.
ou contest the accuracy of your personal data.
The processing is unlawful, and you oppose the erasure of your personal data.
We no longer require the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims.You object to processing pursuant to Art. 21(1) GDPR.

e) Notification Obligation

 
If you have requested rectification or erasure of your personal data or restriction of processing in accordance with Art.16, Art.17(1) and Art.18, we shall notify all recipients to whom your personal data have been disclosed, unless this proves impossible or involves disproportionate effort. You may request that we inform you about those recipients.
f) Right to Data Portability
 
You shall have the right to obtain the personal data which you have provided to us in a structured, commonly used and machine-readable format.
 
You shall also have the right to request the transfer of these data to a third party, provided that processing was carried out by automated means and based on your consent pursuant to Art. 6(1)(a) or Art. 9(2)(a) or for the performance of a contract pursuant to Art. 6(1)(b) GDPR.
g) Withdrawal of Consent
 
Pursuant to Art. 7(3) GDPR, you shall have the right at any time to withdraw consent you have previously granted to us. The withdrawal of consent shall not affect the lawfulness of processing carried out based on consent before its withdrawal. We may not carry out any further processing based on your consent, once you have withdrawn it.
h) Right to Lodge a Complaint
 
Pursuant to Art. 77 GDPR, you shall have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data is contrary to the GDPR.
i) Right to Object
 
Where your personal data are processed based on legitimate interests pursuant to Art. 6(1)(f) GDPR, you shall have the right pursuant to Art. 21 GDPR to object to the processing of your personal data on grounds relating to your particular situation, or if you object to processing for direct marketing purposes. In the latter case, you shall have a general right to object which we shall implement without the need for your particular situation to be specified. You may exercise your right to object or to withdraw consent simply by sending an e-mail to datenschutz@spinncloud.com.
j) Automated Individual Decision-Making, Including Profiling
 
You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This right shall not apply if the decision:
- is necessary for entering into, or for the performance of, a contract between you and us,
- is authorised by Union or Member State law to which we are subject, and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
- is based on your explicit consent.


However, such decisions shall not be based on special categories of personal data referred to in Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.
 
In the cases referred to in a) and c), we shall implement suitable measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on our part, to express your point of view, and to contest the decision.

10. Amendment of the Privacy Policy

If we amend the Privacy Policy, this will be indicated on the homepage and registered customers will be informed.

Processing of (personal) data by the operator of the recruitment website

General information

This recruitment website is operated by Personio SE & Co. KG, which offers a human resource and candidate management software solution (https://www.personio.com/legal-notice/). Data transmitted as part of your application will be transferred using TLS encryption and stored in a database. The sole controller of this data within the meaning of article 24 of the GDPR is the enterprise carrying out this online application process. Personio’s role is limited to operating the software and this recruitment website and, in this context, being a processor under article 28 of the GDPR. In this case, the processing by Personio is based on an agreement for the processing of orders between the controller and Personio. In addition, Personio SE & Co. KG processes further data, some of which may be personal data, to provide its services, in particular for operating this recruitment website. We will refer to this in more detail below.

The controller

The controller under data protection law is:
Personio SE & Co. KG
Seidlstraße 3
80335 München
Tel.: +49 (89) 1250 1004
Entry in the commercial register
Commercial register entry number: HRA 115934
Registration Court: Amtsgericht München
Data Protection Officer contact: privacy@personio.com

Access logs (“server logs”)

Each access to this recruitment website automatically causes general protocol data, so-called server logs, to be collected. As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. Without this data, it would, in some cases, be technically impossible to deliver or display the contents of the software. In addition, processing this data is absolutely necessary under security aspects, in particular for access, input, transfer, and storage control. Furthermore, this anonymous information can be used for statistical purposes and for optimizing services and technology. In addition, the log files can be checked and analyzed retrospectively when unlawful use of the software is suspected. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. Generally, data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp of the access to the software is collected. The scope of this log process does not exceed the common log scope of any other site on the web. These access logs are stored for a period of up to 7 days. There is no right to object to this.

Error logs

So-called error logs are generated for the purpose of identifying and fixing bugs. This is absolutely necessary to ensure we can react as quickly as possible to possible problems with displaying and implementing content (legitimate interest). As a rule, this data is a pseudonym and thus does not allow for inferences about the identity of an individual. The legal basis for this is §25 subsection 2 Sentence 2 TDDDG. When an error message occurs, general data such as the domain name of the website, the web browser and web-browser version, the operating system, the IP address, as well as the timestamp upon occurrence of the respective error message and/or specification is collected. These error logs are stored for a period of up to 7 days. There is no right to object to this.

Use of cookies

So-called cookies are used on parts of this recruitment website. They are small text files which are stored on the device with which you access this recruitment website. As a general rule, cookies serve the purpose of ensuring secure access to a website (“absolutely necessary”), implementing certain functionalities such as standard-language settings (“functional”), improving the user experience or the performance of the website (“performance”), or placing targeted advertisements (“marketing”). On this recruitment website, we generally use only cookies that are absolutely necessary, functional or performance-related, in particular for implementing certain default settings such as language, for identifying the job advertising channel, or for analyzing the performance of a job advert via which a user accessed this recruitment website. The use of cookies is absolutely necessary for providing our services and thus for the performance of the contract (article 6 (1) b) of the GDPR). Period of storage: up to 1 month or until the end of the browser session Right to object: You can determine via your browser settings whether you allow or object to the use of cookies. Please note that deactivating cookies may result in limited or completely blocked functionalities of this recruitment website.

Rights of data subjects

If Personio SE & Co. KG as the controller processes personal data, you as the data subject have certain rights under Chapter III of the EU General Data Protection Regulation (GDPR), depending on the legal basis and the purpose of the processing, in particular the right of access (article 15 of the GDPR) and the rights to rectification (article 16 of the GDPR), erasure (article 17 of the GDPR), restriction of processing (article 18 of the GDPR), and data portability (article 20 of the GDPR), as well as the right to object (article 21 of the GDPR). If the personal data is processed with your consent, you have the right to withdraw this consent under article 7 III of the GDPR. To assert your rights as a data subject in relation to the data processed for the purpose of operating this recruitment website, please refer to Personio SE & Co. KG’s Data Protection Officer (see item B).

Concluding provisions

Personio reserves the right to adjust this data privacy statement at any point in time to ensure that it is in line with the current legal requirements at all times, or in order to accommodate changes in the services offered, for example when new services are introduced. In this case, the new data privacy statement applies to any later visit of this recruitment website or any later job application.